Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, August 14, 2007

Are Human Rights Always Based in Religion?

In response to Brian Tamanaha's post challenging Michael Perry's thesis about the religious dimension of human rights, Jonathan Watson observes:

Prof. Tamanaha is aware, no doubt, that the current human rights focus in European law is due in no small part to influences from the ius commune, the combination of canon and Roman law that flourished in Europe throughout the Middle Ages and the Renaissance. Does Prof. Tamanaha believe that human rights sprang fully-formed from the head of the Enlightenment, with no prior and important influences from Christian thinkers? Modern Europe may be athiestic, and may wish to ignore such contributions, but they are in deep debt to the normative influences of Christian thought on the matter.

And he asks: "[C]an he point to any human rights laws, any human rights discussions, anywhere, where the implicit normative bases do not grow from religious thought?"

https://mirrorofjustice.blogs.com/mirrorofjustice/2007/08/are-human-right.html

Vischer, Rob | Permalink

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